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Gramin Sewa Sanstha vs State Of M.P. And Ors.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Sep 16, 1986
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of India
Juge
Bhagwati, P.
Misra, R.
Numéro de référence
1986 (2) SCALE 682
Langue
Anglais
Sujet
Terre et sols
Mot clé
Terres privées Régime foncier Populations autochtones Propriété étrangère Propriété Droits de propriété Forêt privée Barrage
Résumé
This is a case where owing to the implementation of Hasdeo Bango Dam Project in Madhya Pradesh, a large number of tribals were to be displaced and the Supreme Court was called upon to consider the aspect of arbitrary nature of the Government in providing alternate land to displaced people. The Court held that the resettlement policy should be such as to enable the tribals to continue with their lifestyle unaffected. The petitioners took a serious objection as the Government was allotting the land to the displaced tribals which actually belonged to some others and who were having legal possession of the land. The State Government had taken an objection that the project was not covered by the Madhya Pradesh Projects Displaced Persons (Re-settlement) Act, 1985 and therefore there was no statutory obligation for the Government to provide re-settlement and rehabilitation to the displaced tribals of this project. The Court refused to accept this argument and directed the State Government to examine why this project cannot be a part of the Act. The Court also directed the Government to allot land after ensuring that there were no encumbrances.
Texte intégral
COU-155952.pdf
Site web
www.indiankanoon.org